Solidarity in the EU: wishful thinking or status quo? : analysing the paradox of EU solidarity and national sovereignty in civil protection in the context of Art. 222 TFEU (Solidarity Clause)

Abstract

The Lisbon Treaty added a new article to the EU primary legislation (Art. 222 TFEU also referred to as the Solidarity Clause) which requires solidarity between the EU and its Member States in crisis situations brought about by natural or man-made hazards and terrorist attacks. At the same time, solidarity remains a vague legal concept and the EU is struggling to develop joint solidary policies, e.g. in response to the economic and financial crisis and most recently with respect to asylum and immigration in the context of the refugee crisis. This gives the impression that solidarity is less a political reality than mere wishful thinking. Consequently, the character and intention of primary legislation referring to solidarity remains rather confusing. Have respective norms been created to build a basis for joint efforts and concrete measures in the respective policy fields, or are they insubstantial statements narratively adding to what the Union should be? This question is at the core of this work. The thesis analyses how solidarity is conceptualised at different levels (national and EU) and in different contexts (normal conditions vs. crisis) and relates it to Art. 222 TFEU to finally put these aspects into context of civil protection as an important policy field for the conceptualisation of political entities.